The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-04-10
AT THE UNIVERSITY.
Judge sutherland's Weekly Law
Lecture.

fee simple absolute was before SIaIeu 10
be the highest title. A fee simple de
termiuable is a titis deneting complete
ownership, but subject to be determined
on some event. OF such a kind is con-
Yeyance OF an estate TO some person and
his heirs so long as he has heirs or Ger
tain class. conveyance made till some
person (perhaps the granted shall
marry, or conveyance TO last so long
as a certain building or tree shall stand,
etc. There is possibility, often strong
probability, that the specified event, or
contingency, may never happen: ana
should it ever happen the title VIII be
come one IL ice simple absolute. An
other kind OF title is known as condi-
tional fee, one in which the lee
is restrained 70 a particular
class OF heirs. excluding all
others. Such q fee is grant to man
and his sons. or 10 such heirs as are
described IN the grant. Under the COM
mon law, the condition OF the grant was
fulfilled when such an heir was born,
and it became a common practice Tor
the grantee To ALLEVIATE the land and
nave ASLki4l4cQ IL LII lOA Vic pun tO~O
of freeing himself from the condition OF
the grant. In case OF attalnder or
pleyy on the part of the grantee, the
land reverted to the king, not to the
grantor, and it also became a common
practice for the grantee to cucumber
the land with debt and thus defeat the
purpose of the grantor. Finally, Parlla-
ment passed an act, the purpoFt OF
which was TO prevent this evasion OF the
conditions of a grant, and TO carry
out the will of the grantor. 1t
provided that the estate should
revert to the grantOr when no heirs exz
listed. But the grantee owned life
estate, and it became customary for the
heir 10 give definite part OF the estate
entirely to the grantee as final settle
ment OF his claim, while the heir re-
ceived the main part OF the estate.
This entailing of large estates from heir
to heir came TO be public grievance,
and finally English judges, by sn IN
exampled piece Of Judicial legislation,
concerted q scheme b. which these coz
ditionally inherited estates could be
divided and sold. By means OF a suit
brought by q person who hCtitiously
set up claim to the estate or a portion
of it, and proposed to buy the same,
the heir was permitted by the courts to
make the sale, and thus cut off the
specified heirs in such a way that the
result could not be gainsaid. The en-
failing OF large estates, as system, was
early abolished by statute in this
country, but conditional fees may still
be created.
An estate granted to last during the
life OF the grantee, will not descend to
MS heirs and even If the lifetime or the
grantee is not specified II the deed. 1t is
considered life estate only, and will
not be inherited unless the word heirs
is inserted.
The estate OF husband in the pro-
perty OF his wife exists if he survives
her and was actually married TO her.
There must have been actual relation
ship by her. and there must have been
issue by the marriage. i wife's estate
in dover consists OF one-third of all
the property the husband was legally
seized Of during the marriage. She
must help to discharge any incum-
brances on the estate, snd Is dowabie OF
one-thlrd OF what rem ans. The
husband cannot sell TIE wife's
dowab,c property, bit n for
fixture. dover ceases She .snay
reside forty days II bis house
after his death. and daring
this time the heir mast assign her
dover. There Is no way for the wife
to bar her right OF dover because CT
her disability as married WOMEN.
The late law Of Congress says she Is
entitled TO dover, and. as enc o. his
heirs, 70 one-thirc o. his estate be-
sides, SC that now IS g good time Tor
husbands 70 die.
4 tenant for life has the full profits
and enjoyment OF the estate; he may
use the land. clear new land IN This.
country, use wood for fuel o. his own
use but may not co anything that
would permanently iniure the heir.
Should ne die before the lssJ crop ma
lures, the crop will so 10 his heir.
u-EsTATEs LESS THAN FREEEoLD.
An estate FOR years IS created by a
contract by which the possession aud
profits Of the estate are enloyeG
by tenant. It IS called cbatteI il
tersst, aud either as lease OF a rent, !.
may be for any specified time.
An estate OF tenant g. vii is one N
which the tenant holds al The will of
the landlord. The courts have con
strued IL TO mean as holding from wear
to year. and either landlord or tenant
must give notice OF six months before
the end OF the year Il be desires 10 ter
inmate the holding. =,
An estate by suferauce IS that in
which tenant remains after his right
70 remain has expired. He can be re
moved at the 0Ioa Srrre NJ t,e r,,4TorS